Ref No- SBCO /FNPO /09 Date – 20Th March 2009
To
Resp. Ms.Radhika Doraiswamy
The Secretary, Department of Posts,
Dak Bhavan , Sansad Marg , New Delhi-110001
Sub :- Revision of guidelines for considering placement under TBOP/BCR in respect of the staff of SBCO
Ref No- This assn letter No- Dtd.BPEF/SBCO/06 dtd 9.8.2006 on which reply received from the Department Vide Letter No- 22-9/99-PE-I dtd 19th Sept. 2006 by PE-I section o/o the DTE about pending SLP in Supreme court against Kolkatta CAT O.A. No- 1148/2003 &
Hyderabad CAT O.A.No- 701/2006 Judgment Dtd 24.11.2006 on the same issue.
Respected Madam ,
With reference to judgment delivered by the Kolkatta CAT O.A. No- 1148/2003 dtd. 16.8.2004 in fever of UDC’s , SBCO staff for the placement under TBOP/BCR in respect of the staff of SBCO vide TBOP/BCR orders issued by the Department in 1991 for the SBCO staff under different circumstances with cadre restructuring by merging LDC & UDC’s as PA(SBCO). The en-block seniority & to maintain its identity were the main clauses in the orders. However these orders are super seated by the Departmental orders No- 22-6 /2000-PE-I Dtd 17.5 .2000. So SLP was filed by the Department. till this date no Kolkatta judgment is implemented on account of pending SLP. It is intimated by the Department above reference dtd 19th Sept.2006 to the undersigned.
In this connection it is pointed out by the Staff of Andhra Pradesh circle & West Bengal circle that in the similar issue , Case & vide judgment of the Kolkatta CAT for the postal life Insurance , Kolkatta , Staff of Director PLI vide O.A. No- 877/2004 vide approval by the CPMG , Kolkatta, & DTE in the matter the staff was considered for placement under TBOP/BCR against their juniors as per Kolkatta CAT verdict in O.A. No- 877/2004 provisionally though the SLP of the Department is pending at Supreme court on the same issue.
In this case though SLP was in process the DTE, CPMG approved the placement of PLI O/O the Director , PLI Kolkatta provisionally till the judgment of the SLP and issued orders of the Staff of PLI..
But for the same issue, case & judgment the issues of SBCO staff are not considered for placement with their juniors in all circles. Is it natural justice ?
In this case it is pointed out that-
1) TBOP/BCR granted in different situation. TBOP to postal staff granted in 1983. Stating SBCO is not operative as it is working for Audit & Accounts(Administrative). Audit & Accounts granted 80:20 Promotion in 1986 but again SBCO was not considered for that stating SBCO is not administrative as it is working with operative Postal side. As Such SBCO was kept deprived either benefit of Postal (TBOP) or from 80:20 promotion as Administrative. After 8-9 years in 1991 SBCO staff considered for TBOP & BCR with Restructuring /Merger of LDC& UDC as PA SBCO & enblock seniority benefit granted by the orders in 1991.
2) The order to deny such seniority /placement benefit vide Departmental order No 22-6/2000-PE-I dtd 17.5.2000 is not related to SBCO staff. These orders are issued in pursuance of judgment of Hon’ble Supreme Court dated 8Th March 1988 in the case of R. Prabhadevi & others Vs Union of India & others. The case was not related to SBCO’s TBOP/BCR issue as in its TBOP/BCR orders the seniority benefit is accepted as there was restructuring of two cadres. And vide these orders it is stated that past cases should not be opened as they were granted the seniority benefit, but in future no such benefit will be granted. This cannot be natural justice.
3) More over for one wing /PLI Staff of Kolkata has granted the benefit of such orders & provisionally without waiting SLP decision from the Supreme Court the staff is ordered by the Director PLI with the approval of CPMG , West Bengal with the approval by DTE Delhi. Copy of Orders is sent h/w for R/R.
4) Again on the same issue Hyderabad O.A. No- 701/2006 dtd 24.11.2006 delivered the same judgment to grant such benefit to the SBCO staff.
Considering all above you are requested to look into the matter in the light of the natural justice and grant the benefit of placement under TBOP/BCR in respect SBCO staff vide Kolkatta O.A. No- 1148/2003 judgment 16.8.2004 & Hyderabad O.A. No- 701/2006 judgment dtd 24.11.2006 provisionally as per PLI, Kolkatta orders dtd 16th Oct.2007 attached h/w for R/R till the clearance of pending SLP before the Supreme court. This Assn demands immediate implementation of all above orders in SBCO staff from the issue of TBOP/BCR orders.
With Regards.
D.A- Director PLI orders Yours Sincerely,
& CAT Hyderabad orders. ---Sd----
( S.P.Kulkarni)
General Secretary
Copy to
D.Thegatajan,
Secretary General , FNPO
t-24- Atul Grove Road , New Delhi-110001
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